Download as PDF

Chapter 13

Delegating law-making powers to the executive

Part 2

For what purposes may the power to make delegated legislation be exercised?

The empowering Act should define clearly the purposes for creating delegated legislation.

Before settling the purposes for creating the delegated legislation, it is advisable to consult those who will implement the Act. This will help to identify the extent of the powers they require and in what circumstances they anticipate exercising those powers.

A power to create delegated legislation should be wide enough for implementation of the Act, but it should not be unfettered. The RRC may criticise a general empowering provision on the basis that it is an unexpected use of the delegated power.